Terms and Conditions

Elevated Digital Marketing ABN: 25 734 508 634 Adelaide, South Australia Phone: 0486 033 744 | Web: elevateddigitalmarketing.com.au

Last updated: September 2026

These Terms and Conditions ("Terms") govern the provision of services by Elevated Digital Marketing ("EDM", "we", "us", "our") to any client ("Client", "you", "your") who engages us for services. By engaging EDM, signing a proposal, quote, or invoice, or by instructing us to commence work, you agree to be bound by these Terms.

1. Services

1.1 EDM provides digital marketing services, which may include social media management, paid advertising (including Google Ads and Meta Ads), search engine optimisation (SEO), content creation, website design and development, and related consulting services.

1.2 The specific scope, deliverables, timeframes, and fees for each engagement will be set out in a separate proposal, quote, service agreement, or order form ("Scope Document"). Where there is any inconsistency between these Terms and a Scope Document, the Scope Document prevails to the extent of that inconsistency.

1.3 EDM reserves the right to refuse or discontinue any service that it considers, in its reasonable discretion, to be unlawful, unethical, misleading, or damaging to its reputation.

2. Fees and Payment

2.1 Fees are as set out in the applicable Scope Document or invoice, and are quoted in Australian Dollars (AUD) exclusive of GST unless stated otherwise.

2.2 Ongoing/retainer services are billed monthly in advance unless otherwise agreed in writing. Project-based work may require a deposit before work commences, with the balance due on or before delivery.

2.3 Invoices are payable within seven (7) days of the invoice date unless otherwise stated. Late payments may incur a late fee and/or suspension of services until payment is received in full.

2.4 Where paid advertising is provided (e.g. Google Ads, Meta Ads), the advertising spend ("ad spend") is separate from and in addition to EDM's management fee. Ad spend is either billed directly by the advertising platform to the Client's own payment method, or invoiced by EDM as a pass-through cost, as agreed in the Scope Document.

2.5 Prices for ongoing services may be reviewed and adjusted by EDM with at least thirty (30) days' written notice to the Client.

2.6 All fees paid are non-refundable except as expressly stated in these Terms or required by law.

3. Client Responsibilities

3.1 The Client agrees to:

(a) provide timely access to accounts, platforms, brand assets, content, approvals, and information reasonably required for EDM to perform the services;

(b) respond to requests for feedback or approval within a reasonable timeframe (generally within five (5) business days unless otherwise agreed), as delays may affect project timelines;

(c) ensure that any content, images, testimonials, or information supplied to EDM is accurate and that the Client holds the necessary rights and permissions to use it; and

(d) maintain active and appropriately funded advertising and hosting accounts where required for services to be delivered.

3.2 EDM is not liable for delays or shortfalls in service caused by the Client's failure to meet the responsibilities in clause 3.1.

4. Term, Cancellation and Termination

4.1 Ongoing services continue on a month-to-month basis unless a minimum term is specified in the Scope Document.

4.2 Either party may terminate ongoing services by providing thirty (30) days' written notice.

4.3 EDM may suspend or terminate services immediately, without notice, where the Client breaches these Terms (including non-payment), engages in unlawful conduct, or provides instructions that would require EDM to act unethically or unlawfully.

4.4 On termination, the Client remains liable for all fees for work completed and costs incurred up to the effective date of termination, including any non-cancellable third-party costs committed on the Client's behalf.

5. Intellectual Property

5.1 Unless otherwise agreed in writing, ownership of final deliverables (e.g. website files, designs, ad creative, written content) transfers to the Client only upon receipt of payment in full for the work in question.

5.2 EDM retains ownership of its own pre-existing tools, templates, frameworks, methodologies (including but not limited to The Marketing Intensive™ and The Marketing Equation™), and any working files, drafts, or concepts not selected as final deliverables.

5.3 EDM may retain and reuse general knowledge, skills, and non-confidential techniques developed during an engagement.

5.4 Unless the Client opts out in writing, EDM may showcase completed work (e.g. designs, campaign results, content) in its portfolio, case studies, and marketing materials.

6. Third-Party Platforms and Accounts

6.1 Services may involve the use of third-party platforms (e.g. Meta, Google, website hosts, email platforms). EDM is not responsible for outages, policy changes, account suspensions, algorithm changes, or other actions taken by third-party platforms that are outside EDM's control.

6.2 Where the Client's advertising, social media, or website accounts are used, the Client is responsible for ensuring EDM has appropriate and lawful access, and for any costs, penalties, or account issues arising from the Client's own account history or compliance status.

7. No Guarantee of Results

7.1 EDM will perform services using reasonable skill, care, and industry-standard practices. However, digital marketing outcomes (including rankings, traffic, leads, sales, engagement, and conversions) depend on many factors outside EDM's control, including market conditions, competitor activity, platform algorithm changes, and the Client's own business performance.

7.2 EDM does not guarantee specific results, rankings, revenue, or return on investment, and no representation to that effect in sales or marketing materials should be treated as a guarantee unless expressly stated as such in a signed Scope Document.

8. Confidentiality

8.1 Each party agrees to keep confidential any non-public business, financial, or technical information disclosed by the other party in connection with the services, and to use it only for the purposes of the engagement.

8.2 This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Limitation of Liability

9.1 To the maximum extent permitted by law, EDM's total liability arising out of or in connection with the services (whether in contract, tort, or otherwise) is limited, at EDM's option, to the re-supply of the relevant services or the refund of fees paid for the specific service giving rise to the claim in the preceding three (3) months.

9.2 To the maximum extent permitted by law, EDM excludes all liability for indirect, consequential, or special loss, including loss of profits, revenue, data, or business opportunity.

9.3 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or other right under the Australian Consumer Law that cannot lawfully be excluded.

10. Indemnity

The Client indemnifies EDM against any claim, loss, or liability arising from content, instructions, or materials supplied by the Client, or from the Client's breach of these Terms or applicable law.

11. Force Majeure

Neither party is liable for any delay or failure to perform an obligation under these Terms caused by circumstances beyond its reasonable control, including natural disasters, internet or platform outages, or changes in law.

12. Amendments

EDM may update these Terms from time to time. The current version will be made available on request or via EDM's website, and continued use of services after an update constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of South Australia, Australia, and each party submits to the non-exclusive jurisdiction of the courts of South Australia.

14. Contact

Elevated Digital Marketing Adelaide, South Australia Phone: 0486 033 744 Web: elevateddigitalmarketing.com.au